Opinion
Appeal from the Tenth Judicial District
This was an appeal from an order of the District Court, quashing the attachment in the case, on the ground of the insufficiency of the affidavit upon which it was issued. The affidavit alleges an indebtedness of the defendants to the plaintiffs, " over and above all legal set - offs or counter claims, upon a contract express or implied for the direct payment," etc. The Court below held the affidavit uncertain and indefinite, in alleging the contract to be in the alternative, either express or implied, and therefore insufficient.
From this order the appeal was taken.
COUNSEL
No brief on file for Appellant.
Stephen J. Field, for Respondents.
JUDGES: Mr. Justice Heydenfeldt delivered the opinion of the Court. Mr. Ch. J. Murray concurred.
OPINION
HEYDENFELDT, Judge
The affidavit for attachment ought to state the ground in positive terms. A description in the alternative has always been held insufficient.
Judgment affirmed.